Judge: Richard S. Whitney, Case: 37-2023-00016978-CU-PA-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Petition re: Arbitration Award Motion Hearing (Civil) 37-2023-00016978-CU-PA-CTL STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS THE PROGRESSIVE CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: Petitioner's UNOPPOSED Petition to Confirm Arbitration Award and Enter Judgment in Conformance with the Award is GRANTED.

CCP section 1290.6 states, in relevant part, '[a] response shall be served and filed within 10 days after service of the petition.' (Code Civ. Proc., § 1290.6.) The petition was filed and served in April of 2023.

No response was filed within 10 days, nor at all. '[A]n award reached by an arbitrator pursuant to a contractual agreement to arbitrate is not subject to judicial review except on the grounds set forth in Sections 1286.2 (to vacate) and 1286.6 (for correction).' (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 33). Without a response to the petition, the Court must confirm the award. The Petition is granted.

Petitioner is advised to submit a proposed judgment.

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